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The judgment of the court below is reversed, and the case is remanded to the Gwangju District Court Panel Division.
Reasons
The grounds of appeal are examined.
1. Examining the reasoning of the lower judgment as to the Defendant’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found the Defendant guilty of the instant facts charged (excluding the part not guilty in the grounds of appeal) on the grounds as indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle
2. As to the Prosecutor’s Grounds of Appeal
A. As to the acquittal portion, the lower court upheld the first instance judgment that acquitted the Defendant on the grounds that there was no proof of crime regarding the fraud of professional advisory fees related to AD and AE among the instant facts charged, and reversed the first instance judgment that found the Defendant guilty on the grounds that there was no proof of crime regarding the fraud of conference expenses among the facts charged in the instant case. The lower court reversed the first instance judgment that found the Defendant guilty on the grounds that there was no proof of crime regarding the fraud of conference expenses among
The judgment below
Examining the reasoning in light of the record, the above determination by the court below is acceptable. In so doing, contrary to what is alleged in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles
(2) A crime of fraud is established when acquiring property or pecuniary benefits or letting a third party acquire them through deceiving a person by deceiving him/her, making him/her fall into mistake, and thereby making another person acquire property or pecuniary benefits by allowing him/her to deliver property or take other property actions. As such, the completion of a crime of fraud requires that the possession of property is transferred or pecuniary benefits are acquired as a result of deception.
Supreme Court Decision 209.26.